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2025 DAILYLAW 22149 (ALL)

ASLAM AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/6468/2025 · 2025-03-05

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32978 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6468 of 2025 Applicant :- Aslam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval,Ankur Tyagi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ankit Agraval, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State. 2. This is an application under Section 528 of BNSS filed for quashing the charge sheet dated 21.06.2024 and cognizance order dated 19.09.2024 passed by Addl. Chief Judicial Magistrate, court no.2 in Criminal Case No. 19497 of 2024 (State vs. Aslam and another) arising out of case crime no.82 of 2024, under Sections 308, 323, 504, 506 IPC P.S. Charthawal District Muzaffarnagar pending in the Court of Additional Chief Judicial Magistrate, court no.2 Muzaffarnagar. 3. Learned counsel for the applicant submits that though the first information report no. 0082 stood lodged 13.04.2024 under Sections 323, 504, 506, 308 IPC by the opposite party but the parties have entered into compromise as annexure-7 at page-54 of the paper book on 13.11.2024 made out of the court. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA, has no objection to the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 21.03.2025 along with the self attested copy of the present application, certified copy of the order and original copy of compromise application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 23.05.2025. 6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in charge sheet dated 21.06.2024 and cognizance order dated 19.09.2024 passed by Addl. Chief Judicial Magistrate, court no.2 in Criminal Case No. 19497 of 2024 (State vs. Aslam and another) arising out of case crime no.82 of 2024, under Sections 308, 323, 504, 506 IPC P.S. Charthawal District Muzaffarnagar pending in the Court of Additional Chief Judicial Magistrate, court no.2 Muzaffarnagar. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 6.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad